- 1 - HC-KAR NC: 2025:KHC:40572 WP No. 16103 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16103 OF 2022 (L-MW) BETWEEN: 1. M/S. MARKOLINE INFRA PVT. LTD., SECONDARY BASE CAMP C/O. M/S. BENGALURU ELEVATED TOLL-WAY PRIVATE LIMITED, OPP: MOOG CONTROL, NEAR 'D' MART, ELECTRONIC CITY, PHASE I, BENGALURU - 560100. REP. BY ITS PLAZA MANAGER MR. FAYAZUDDEEN K.G., AGED ABOUT 46 YEARS. 2. M/S. BENGALURU ELEVATED TOLL-WAY PRIVATE LIMITED OPP: MOOG CONTROL, NEAR 'D' MART, ELECTRONIC CITY, PHASE I, BENGALURU - 560100. REP. BY ITS MANAGER - HR AND LIAISON MR. RAMESH PANDIAN AGED ABOUT 57 YEARS …PETITIONERS (BY SRI. SOMASHEKAR, ADVOCATE) AND: 1. GENERAL SECRETARY BENGALURU TOLL-WAY EMPLOYEES' AND STAFF UNION, CITU OFFICE, V.G.GOPAL BUILDING, NO.20/1, LALBAGH FORT ROAD, BENGALURU - 560010. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40572 WP No. 16103 of 2022 2. THE DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL), SHRAM SADAN, III CROSS, III MAIN, TUMKUR ROAD, YESHWANTHPUR, BENGALURU - 560022. 3. THE DEPUTY DIRECTOR GENERAL AUTHORITY UNDER MINIMUM WAGES ACT MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA SHRAM SHAKTHI BHAVAN, RAFI MARG NEW DELHI - 110 001. 4. UNION OF INDIA, RESPRESENTED BY SECRETARY TO THE GOVERNMENT MINISTRY OF LABOUR & EMPLOYMENT SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI-110001. …RESPONDENTS (BY SRI. NAIK V.S., ADVOCATE FOR R1; SRI. RAJASHEKHARA K., ADVOCATE FOR R2 AND R3; SRI. M.M.KUMAR, CGC FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER Sri.Somashekar., counsel for the petitioners, Sri.V.S.Naik., counsel for respondent No.1, Sri.Rajashekhara.K., counsel for respondents 2 and 3 and - 3 - HC-KAR NC: 2025:KHC:40572 WP No. 16103 of 2022 Sri.M.N.Kumar., CGC counsel for respondent No.4 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: a) quash the words "include all places within the distance of 15 kms from the periphery" in the explanation (a) in Annexure 'C' Notification bearing No.S.O.188(E) dated:19.01.2017 at Annexure-C of the respondent No.3 which reads as follows: Explanation (a): "Area 'A' and Area 'B' respectively comprises of all the places as specified in the annexure to this notification and include all places within the distance of 15 kms from the periphery of municipal corporation or municipality or cantonment board or notified area committee in a particular place or area 'C' shall comprise of all other places not mentioned - 4 - HC-KAR NC: 2025:KHC:40572 WP No. 16103 of 2022 in the annexure to the minimum wages act 1948 (11 of 1948) extends:" (b) quash the order bearing No.20(3)2017 - B1dated 11.07.2022 at Annexure-N passed by the respondent - 2 Deputy Chief Labor Commissioner (Central) Bengaluru. (c) declare that Attibele small urban area and town municipal council of Attibele does not come under area 'A' of BBMP limits; 3. Counsel for the respective parties urged several contentions. Heard the arguments perused the Writ papers with care. 4. Suffice it to note that on 19.01.2017, a Notification was issued by the Government of India fixing minimum wages for construction and maintenance of roads and other allied activities. Areas for the purpose of payment of minimum wages are classified as Area-'A' comprising Bengaluru, Area-'B' comprising six cities of Karnataka viz., Belgaum, Gulbarga, - 5 - HC-KAR NC: 2025:KHC:40572 WP No. 16103 of 2022 Hubballi-Dharwad, Mangaluru and Mysore. Areas other than 'A' and 'B' are classified as Area-'C'. The petitioners seeking a declaration that Attibele Small Urban Area and Town Municipal Council of Attibele does not come under Area-'A' of BBMP limits. This Court exercising power under Article 226 of the Constitution of India, cannot accord the prayer sought by the petitioners. The petitioners may take recourse under the law seeking appropriate relief before the appropriate Forum, if so advised. 5. Resultantly, the Writ Petition is dismissed. Because of dismissal of the Writ Petition, pending interlocutory applications if any are disposed of and interim direction if any stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.:28